GDLSK

VIETNAMESE WIND TOWER PRODUCER EXCLUDED FROM AD ORDER AFTER PROTRACTED LEGAL BATTLE

GDLSK client CS Wind Vietnam Co., Ltd./CS Wind Corporation was investigated by the Department of Commerce throughout 2012, leading to a 51.50% antidumping duty margin being assigned to wind towers that the company produced in Vietnam and exported to the United States.

CS Wind through GDLSK appealed to the Court of International Trade, which in 2014 found error in Commerce’s methodologies. Commerce subsequently reduced CS Wind’s AD margin to 17.07% and further to 17.02% in 2015 after the CIT again found error with Commerce’s calculations.

CS Wind through GDLSK appealed the CIT rulings to the Court of Appeals for the Federal Circuit, which in 2016 found further error in Commerce’s methodologies. To comply with this Federal Circuit ruling, Commerce altogether excluded CS Wind from the AD order on wind towers from Vietnam, finding that its margin was de minimis (less than 2%). The CIT affirmed this decision in 2017. The dissatisfied domestic wind tower industry – which had at every turn urged Commerce, the CIT, and the Federal Circuit to maximize CS Wind’s AD liability – appealed this decision to the Federal Circuit. After conducting its second oral argument, the Federal Circuit in 2018 again ruled in favor of CS Wind and last week issued its mandate officially excluding CS Wind from the AD order.

This saga demonstrates that companies subject to extensive AD liability can earn revocation through the courts if they are represented by able counsel and remain committed for the long haul. Turning a more than 50% AD margin into an exclusion takes time, resources, and skill – but it can be done. This message is especially important in our current protectionist climate where prohibitive AD is being assessed by Commerce in multiple investigations. If your company needs skilled counsel in AD proceedings or has questions about the CS Wind victory, please contact GDLSK partners Andrew Schroth or Ned Marshak.

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